On January 30, 2012, DoD issued a final rule amending the DFARS to require major contractors to report independent research and development (IR&D) projects for which reimbursement, as an allowable indirect cost, is sought from DoD. See DFARS 231.205-18(c)(iii)(C). Under this rule, which is effective immediately, major contractors must report IR&D projects to the Defense…
According to a recent Supreme Court decision, the answer may be “Yes” if you’re relying too heavily on the standard patent clause to protect your rights.
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., involved a patent infringement battle over HIV testing technology developed by a Stanford University researcher after he worked at a private company to…
Cybersecurity threats pose some of the most important challenges facing the United States today. However, unlike other types of critical infrastructure, cyberspace cannot be protected by the government alone.
Congress is currently crafting a series of legislative initiatives that will use the federal government's procurement system to demand better cybersecurity features in…
Jackson Kelly attorney and blog contributor Eric Whytsell recently wrote an article appearing in the spring issue of Capacity magazine about federal R&D funding opportunities. In the article, Whytsell says, "despite the recently proposed spending ‘freeze,' the government will continue to make substantial R&D money available for the foreseeable future – through both contracts and…
The U.S. Court of Appeals for the Federal Circuit recently issued a long-awaited decision clarifying the classification of costs as Independent Research and Development (IR&D). ATK Thiokol, Inc. v. United States, No. 2009-5036 (Fed. Cir. Mar. 19, 2010).
In ATK, the contractor (now known as ATK Launch Systems) funded an upgrade of one of its advanced “strap on” rocket motors in the…